In an article for the New York Timespublished Sunday, columnist and former attorney David French argued that the judiciary must refuse to grant President Donald Trump the kind of deference traditionally afforded to presidents when his statements and actions are "untethered to facts."
He highlighted how a Trump‑appointed judge recently examined Trump’s claims and found them disconnected from reality. He says Trump and his supporters have long operated a double standard: they celebrate his unconventional conduct when he is acting, but insist he be treated like any other president when he is held legally accountable.
“Dishonest presidents should be entitled to no deference at all," French wrote.
French centered his criticism on Judge Karin Immergut’s order blocking Trump’s attempt to federalize Oregon’s National Guard. He said Trump cited a statute permitting him to deploy the Guard during rebellion or when regular forces cannot enforce the law.
Under precedent, courts normally afford the president “a great level of deference.” But Immergut determined that in this case, that deference was forfeited because Trump’s justification was not grounded in fact.
His statements, portraying Portland as “war ravaged” or federal facilities “under siege," were false, she held, and therefore she was not required to accept them as true.
French argued this reasoning should guide other courts and merits close attention even if it is reversed on appeal.
He also cited Trump’s public messages urging prosecutorial actions against political rivals and questions whether courts should ignore those statements in assessing the charges.
"Time and again, the pattern repeats. When Trump is on offense, he’s celebrated as a president like no other. But when he has to answer for his actions in court, he demands that he be treated as a president like any other," he said of MAGA's response to his legal challenges.
He also pointed to a recent Fifth Circuit decision rejecting Trump’s use of the Alien Enemies Act as an example of a court challenging an expansive executive claim.
In each case, French contended, it is not enough to treat Trump like prior presidents; the legal system must scrutinize his assertions and hold him accountable when his claims stray from legal bounds.
“There is no deference due to a president who refuses to operate in good faith," he said.